The Canadian Charter of Rights guarantees:
11. Any person charged with an offence has the right... (e) not to be denied reasonable bail without just cause
Bail Hearing Lawyer in Oshawa
There is nothing more urgent in the criminal justice process than obtaining reasonable bail as soon as possible. The first few hours after being charged are critical; both to make sure you have legal representation for your pending bail hearing and also to ensure you are carefully advised not to make any statements to the police while at the station before your bail hearing. Anything you say at this early stage can dramatically reduce the defences available to you in court. For many people the bail hearing is the first time they are required to appear before a judge. The importance of having a lawyer to defend your rights at this early stage cannot be emphasized enough. A poorly run bail hearing can have disastrous consequences. It can result in you being denied bail and having to spend weeks or months behind bars. Lawrence Forstner is a Bail Hearing Lawyer. Having Lawrence as your criminal lawyer to advise you from the very beginning will allow us to navigate strategically to the best possible outcome in your case. If you or someone you know has just been arrested call Forstner Law in Oshawa at (289) 316-2573, 24 hours a day, 7 days a week.
The Nitty-Gritty: A bail hearing is held to determine if an accused person should be released from custody pending the resolution of their criminal matter. If you are arrested and not released, you are to be brought before a justice of the peace for a bail hearing as soon as possible. It may be required if you have been charged with a serious crime or if you have not complied with release orders following previous arrests. The Charter of Rights guarantees that accused persons are not to be denied reasonable bail without just cause. Bail hearings are also referred to as "show cause" hearings as the crown attorney will attempt to demonstrate to the court, or "show cause", why you should not be released. The court will determine if you should be released based on i) the likelihood that you will attend court when required and comply with any conditions that the court may impose on you, ii) whether you are likely to commit any further offences prior to your trial if you are released and, iii) whether the community would be offended by the idea that you were released prior to your trial date.
WHAT IS A SURETY?
All too often, if you are being held for a bail hearing you will need a surety; a person who is able to supervise you while you are on bail and ensure that you comply with the conditions imposed on you. It is a serious responsibility to be a surety. The surety may have to testify in court during your bail hearing in order to ensure that an adequate plan for your supervision is in place. In addition to agreeing to supervise you, your surety will often be required to pledge some money for your release. In most cases the surety will not be required to deposit any cash with the court. Rather, they must show that they have the financial means to pay the amount that they have pledged should you fail to attend court or breach any of the conditions of your release. Funds do not automatically default to the crown if the accused is rearrested for another offence or alleged to have breached a condition of his or her release. The crown must establish that the surety did not adequately supervise the accused or that the surety did not report a contravention of the conditions of bail that they had knowledge of, in order for the surety to lose the money they pledged. Certain people are disqualified from acting as sureties. If your potential surety is a co-accused, has a criminal record or does not have assets to pledge, they will likely be disqualified from acting as your surety. If you are released on bail and it is suspected that you have violated a condition of your release, you may be rearrested. This would require you to be held in custody until you can be brought before the courts again. The court could revoke your previous bail and hold you in custody pending the resolution of your matter or impose more stringent bail conditions on you, while granting your release. This would require you to obtain a new surety. Similarly, if you fail to appear for any of your court appearances the court could issue a warrant for your arrest and charge you with failing to appear.
Some Standard Bail Conditions:
~ Report to a peace officer ~ Physically remain within a specified geographic area ~ Notify a peace officer of any change to your address or employment ~ Abstain from communicating directly or indirectly with any complainant, witness or co-accused ~ Not possess any prohibited or restricted weapons ~ Not possess any drugs without a valid prescription ~ To maintain a curfew or remain within your home often referred to as being on "house arrest" ~
It is critical that you do not break any conditions that are imposed upon you by the court. Even the most minor breach of your conditions will result in you being arrested again and forced to face additional charges. The consequences of a breach are significant; as a result it is of the utmost importance that you only consent to terms of release that you can live with. If a condition is not necessary to protect the public or ensure your attendance in court then it need not be imposed. In theory bail conditions are not supposed to be punishment, although in practice in can feel like they are. It is imperative that you retain a lawyer at this early stage of the process in order to protect your rights. Hire Lawrence Forstner, a lawyer in Oshawa and the Durham Region, to enhance your chances of being released with the least restrictive bail conditions possible. Call Forstner Law in Oshawa, at (289) 316-2573, 24 hours a day, 7 days a week. Call us now if you or someone you know has just been arrested.
Please consult a lawyer for advice about your individual situation. This site and its information is not legal advice, nor is it meant to be. Feel free to get in touch by electronic mail, letters, or phone calls. Contacting us does not create a solicitor-client relationship. Until a solicitor-client relationship is established, please withhold from sending any confidential information to us.
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Office Locations: Forstner Law has its main office beside the Oshawa Courthouse. Lawrence also occasionally sees clients in his home office located in Ajax, and regularly comes to clients' homes if it is more convenient.
Lawrence Forstner, Criminal Lawyer in Oshawa, Expert Qualifications and Specialized Training:
Former Crown Attorney; Former Probation & Parole Officer; Ontario Domestic Assault Risk Assessment (ODARA), Sex Offender Risk Assessment, Strategic Initiatives in Community Supervision (STICS), Sex Offender Relapse Prevention, Substance Use / Anger Management Group Leader/ Trainer. ( https://ca.linkedin.com/in/forstnerlaw )
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Phone: (289) 316-2573
Serving Oshawa, Brooklin, Pickering, Whitby, Ajax and the Durham Region
Call Now: (289) 316-2573
Legal Aid Clients Welcome
59 Division St. Oshawa, ON. L1G 5L8
59 Division St.
Oshawa, ON. L1G 5L8
Toll Free: 877-315-3375